The U.S. Supreme Court may be leaning in favor of President Donald Trump’s position on birthright citizenship. The Court on Thursday seemed open to lifting a series of nationwide orders blocking President Trump from enforcing his birthright citizenship policy, even as several of the justices wrestled with the practical implications of allowing the government to deny citizenship to people born in the United States.
What is birthright citizenship?
In the United States, birthright citizenship is the legal right for anyone born on U.S. soil to automatically become a U.S. citizen. This principle is based on the 14th Amendment to the Constitution, which states that “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens.” This applies regardless of the parents’ immigration status, meaning children born in the U.S. to undocumented immigrants, tourists, or foreign workers are granted citizenship at birth.
The U.S. follows the jus soli (right of the soil) principle, unlike many countries that require at least one parent to be a citizen (jus sanguinis or right of blood). Birthright citizenship ensures equal protection under the law and prevents statelessness. However, it is a subject of political debate, with some arguing it encourages illegal immigration and others defending it as a constitutional guarantee and essential to American values.
READ: Only one in ten Asian Americans hope for better days under Trump (April 24, 2025)
What is Trump’s position on birthright citizenship?
Trump wants to end birthright citizenship in the United States which is in direct contradiction to the 14th Amendment, so that he can deport legal citizens if and when he so chooses. According to Pew Research, about 250,000 babies were born to unauthorized immigrant parents in the United States in 2016, which is a 36% decrease from a peak in 2007. By 2022, the latest year of available data, there were 1.2 million U.S. citizens born to unauthorized immigrant parents, Pew found.
If Trump were to successfully end birthright citizenship, it would mean that children born in the United States would no longer automatically become U.S. citizens unless at least one parent is a citizen or legal resident. This would mark a major change to how U.S. citizenship is granted and could affect millions of people, especially children of undocumented immigrants or temporary visa holders. It could lead to an increase in stateless individuals and legal challenges. Such a move would likely face strong opposition and legal hurdles, as birthright citizenship is protected under the 14th Amendment of the U.S. Constitution.